Fillable Printable Petition for Writ of Habeas Corpus
Fillable Printable Petition for Writ of Habeas Corpus
Petition for Writ of Habeas Corpus
MC–275
Name:
Address:
CDC or ID Number:
(Court)
PETITION FOR WRIT OF HABEAS CORPUS
Petitioner
vs.
No.
(To be supplied by the Clerk of the Court)
Respondent
INSTRUCTIONS—READ CAREFULLY
If you are challenging an order of commitment or a criminal conviction and are filing this petition in the
Superior Court, you sh ould file it in the county that made the order.
If you are challenging the conditions of your confinem ent and are filing this petition in the Superior Court,
you should file it in the county in which you are confined.
Read the entire form before answering any questions.
This petition must be clearly handwritten in ink or typed. You should exercise care to make sure al l answers are true and
correct. Because the petition includes a verification, the making of a statement that you know is false may result in a conviction
for perjury.
Answer all applicable questions in the proper spaces. If you need additional space, add an extra page and indicate that your
answer is ''continued on additional page."
If you are filing this petition in the superior court, you only need to file the original unless local rules require additional copies.
Many courts require more copies.
If you are filing this petition in the Court of Appeal and you are an attorney, file the original and 4 copies of the petition and, if
separately bound, 1 set of any supporting documents (u nless the court orders otherwise by local rule or in a specific case). If you
are filing this petition in the Court of Appeal and you are not represented by an attorney, file the original and one set of any
supporting documents.
Approved by the Judicial Council of California for use under rule 8.380 of the California Rules of Court (as amended
effective January 1, 2007). Subsequent amendments to rule 8.380 may change the number of copies to be furnished to the
Supreme Court and Court of Appeal.
Page 1 of 6
PETITION FOR WRIT OF HABEAS CORPUS
Penal Code, § 1473 at seq.;
Cal. Rules of Court, rule 8.380
www.courtinfo.ca.gov
Form Approved for Optional Use
Judicial Council of California
MC-275 [Rev. January 1, 2010]
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Notify the Clerk of the Court in writing if you change your address after filing your petition.
If you are filing this petition in the California Supreme Court, file the original and 10 copies of the petition and, if separately bound,
an original and 2 copies of any supporting documents.
To keep other people from seeing what you entered on your form, please press the Clear This Form button at the end of the form when finished.
This petition concerns:
ParoleA conviction
CreditsA sentenc e
Prison discipline
Jail or prison conditions
Other (specify):
Your name:
Where are you incarcerated?
Criminal conviction Civil commitment
Why are you in custody?
Answer items a through i to the best of your ability.
State reason for civil commitmen t or, if criminal conviction, state nature of offense and enhancements (for example, ''robbery with
use of a deadly weapon'').
Penal or other code sections:
Name and location of sentencing or committing court:
Case number:
Date convicted or committed:
Date sentenced:
Length of sentence:
When do you expect to be released?
If yes, state the attorney's name and address:
Were you represented by counsel in the trial court? Yes
What was the LAST plea you entered? (Check one):
Nolo contendere
Other:
Guilty
Not guilty
If you pleaded not guilty, what kind of trial did you have?
Submitted on transcriptJudge without a juryJury Awaiting trial
PETITION FOR WRIT OF HABEAS CORPUS
MC-275 [Rev. January 1, 2010]
Page 2 of 6
1.
2.
3.
a.
b.
c.
d.
e.
f.
g.
h.
i.
4.
5.
MC–275
No
GROUNDS FOR RELIEF
Ground 1: State briefly the ground on which you base your claim for relief. For example, ''The trial court imposed an illegal
enhancement.'' (If you have additional grounds for relief, use a separate page for each ground. State ground 2 on page 4.
For additional grounds, make copies of page 4 and number the additional grounds in order.)
Supporting facts:
Tell your story briefly without citing cases or law. If you are challeng ing the legality of your conviction, describe the facts on which
your conviction is based. If necessary, attach additional pages. CAUTION: You must state facts, not conclusions. For example, if
you are claiming incompetence of counsel, you must state facts specifically setting forth what your attorney did or failed to do and
how that affected your trial. Failure to allege sufficient facts will result in the denial of your petition. (See In re Swain (1949) 34
Cal.2d 300, 304.) A rule of thumb to follow is, who did exactly what to violate your rights at what time (when) or place (where). (If
available, attach declarations, relevant records, tran scripts, or other documents supporting your claim.)
Supporting cases, rules, or other authority (optional)
:
(Briefly discuss, or list by name and citation, the cases or other authoriti es that you think are relevant to your cl aim. If necessary,
attach an extra page.)
PETITION FOR WRIT OF HABEAS CORPUS
MC-275 [Rev . January 1, 20 10]
Page 3 of 6
6.
a.
b.
MC–275
Ground 2 or Ground (if applicable):
Supporting facts:
Supporting cases, rules, or other authority:
MC-275 [Rev. January 1, 2010]
PETITION FOR WRIT OF HABEAS CORPUS
Page 4 of 6
7.
a.
b.
MC–275
Did you appeal from the conviction, sentence, or commitment?
Yes
No
If yes, give the following information:
Name of court (''Court of Appeal'' or ''Appellate Division of Superior Court"):
Date of decision:
Case number or citation of opinion, if known:
(2)
(3)
YesWere you represented by counsel on appeal?
If yes, state the attorney's name and address, if known:
Yes No
If yes, give the following information:
Did you seek review in the California Supreme Court?
Date of decision:
Case number or citation of opinion, if known:
(2)
(3)
If your petition makes a claim regarding your conviction, sentence, or commitment that you or your attorney did not make on appeal,
explain why the claim was not made on appeal:
Administrative review:
Yes No
Attach documents that show you have exhausted your administrative remedies.
PETITION FOR WRIT OF HABEAS CORPUS
MC-275 [Rev. January 1, 20 10]
Page 5 of 6
8.
a.
Result:
b.
c.
d.
Issues raised:
e.
f.
9.
Result:
a.
c.
Issues raised:
b.
d.
10.
11.
If your petition concerns conditions of confinement or other claims for which there are administrative remedies, failure to exhaust
administrative remedies may result in the denial of your petition, even if it is otherwise meritorious. (See In re Muszalski (1975)
52 Cal.App.3d 500.) Explain what administrative review you sought or explain why you did not seek such review:
a.
Did you seek the highest level of administrative review available?
b.
MC–275
No
(1)
(1)
Other than direct appeal, have you filed an y other petitions, applications, or motions with respect to this conviction,
commitment, or issue in any court?
If yes, continue with number 13. If no, skip to number 15.
(1) Name of court:
(2) Nature of proceeding (for example, ''habeas corpus petition"):
(3) Issues raised: (a)
(b)
(4) Result (attach order or explain why unavailable):
(5) Date of decision:
(1) Name of court:
(2) Nature of proceeding:
(3) Issues raised: (a)
(b)
(4) Result (attach order or explain why unavailable):
(5) Date of decision:
For additional prior petitions, applications, or motio ns, provide the same information on a separate page.
If any of the courts listed in number 13 held a hearing, state name of court, date of hearing, nature of hearing, and result:
Explain any delay in the discovery of the claimed grounds for relief and in raising the claims in this petition. (See In re Swain (1949)
34 Cal.2d 300, 304.)
If yes, state the attorney's name and address, if known:
Yes
Are you presently represented by counsel?
Yes
If yes, explain:
If this petition might lawfully have been made to a lower court, state the circumstances justifying an application to this court:
l, the undersigned, say: I am the petitioner in this action. I declare under penalty of perjury under th e laws of the State of California
that the foregoing allegati ons and state ments a re true and correct, except as to ma tters th at are state d on my information and belief,
and as to those matters, I believe them to be true.
Date:
(SIGNATURE OF PETITIONER)
PETITION FOR WRIT OF HABEAS CORPUS
MC-275 [Rev. January 1, 2010 ]
Page 6 of 6
12.
13.
a.
c.
b.
14.
15.
16.
17.
18.
Do you have any petition, appeal, or other matter pending in any court?
MC–275
Yes
No
No
No
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